Employee and Employer Contributions
Profit sharing plans can include both employee deferrals (similar to a 401(k)) and employer contributions based on profits. A QDRO must define what’s being divided. For example:
- Are you dividing just the marital portion of employer contributions?
- Are you also dividing elective deferrals by the participant?
We often recommend using a percentage formula with a clear valuation date to avoid confusion or future legal disputes.

